Bank of Ireland increase differential on tracker rates

Bank of Ireland increase differential on tracker rates

10:32 AM, 28th February 2013, About 12 years ago 1862

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The story of the Bank of Ireland decision to increase to the differential (interest rate margin) on  tracker mortgages started on this forum when a professional landlord contacted Property118 within minutes of a letter from Bank of Ireland landing on his door mat. What ensued was outrage from landlords and affected residential mortgage borrowers. The story was quickly picked up by the National Media as it wasn’t just the 13,500 affected borrowers who were worried.

Will this set a precedent for other mortgage lenders to follow?

Property118 reacted by using funds donated to The GOOD Landlords Campaign to underwrite the cost of a barristers opinion on the legality of the Bank of Ireland’s actions. The remainder of this thread,one of the most read and most commented threads of all time on Property118, continues to tell the story as it unfolds.

If you want to skip the story and cut to the chase simply CLICK HERE

Of the 13,500 affected borrowers, 1,200 have had the decision reversed by Bank of Ireland. With additional support and pressure we believe all affected borrowers can and will see justice done.

___________________________________________

Lee, a professional Landlord asks, “help! I have just received a letter from the Bank of Ireland stating they want to increase the differential on my tracker rates.

I have 12 mortgages with the Bank of Ireland previously Bristol and West. I have been on a base rate tracker of 1.75% above base, but now Bank of Ireland are using some fine print claiming they have to recapitalise and saying the ‘new differential will be 4.49%.

How can I fight back?”

The original policy wording seems to be:

6 INTEREST

Charging interest at a tracker rate

(j) Unless we change the differential (if any) under condition 6 (n), we will not change the tracker rate unless the base rate changes.

(m) in condition 6 (n):
– a “positive differential” means a percentage which we add to the base rate to arrive at the tracker rate; and a “negative differential” means a percentage which we subtract from the base rate to arrive at the tracker rate.

(n) We may reduce a positive differential or increase a negative differential at our discretion by giving you not less than seven days written notice. This means that we can change the differential in a way that is favourable to you.

The above seems to indicate that they can reduce the rate in my favour, but not give them the right to increase it. Am I correct?


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Mark Alexander - Founder of Property118

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12:24 PM, 23rd March 2015, About 9 years ago

Reply to the comment left by "Paul Anderton" at "23/03/2015 - 11:50":

Which link are you referring to please?
.

Ever Hopeful Landlord

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17:07 PM, 23rd March 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "23/03/2015 - 12:24":

sorry the email was sent on 13/03/15 at 9.39 regarding B.O.I tracker hike second due to broken link.

Cheryl Larkin

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18:40 PM, 25th March 2015, About 9 years ago

Hi Thought that people may be interested in the following, following an FOI about the number of complaints and the number that have been upheld. The FOS has responded by saying they have received 336 complaints, 300 have been resolved with 22 upheld. Not sure why some cases have been upheld ? Has anyone had their complaint upheld and if so what is the difference in their case? I would also be interested to know how Paul Brindley has managed to help his client and why he will not offer this to more of the group - you would make a fortune! I do not believe I have been apathetic as implied. I have join each group that has requested support and paid my dues immediately, contributed to marketing, I logged a complaint with FOS, wrote to my MP but I am no legal expert and I am not prepared to individually instruct a solicitor to fight my case against the "establishment". These people have far more resources at their fingertips to devise clever legal arguments than mere individuals can afford. Therefore it was right to try to fight this as a group but surely if one member of the forum has had success it would nice to know, if only to give some hope! Is anyone prepared to share their success?

Mark Alexander - Founder of Property118

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19:00 PM, 25th March 2015, About 9 years ago

Reply to the comment left by "Cheryl Larkin" at "25/03/2015 - 18:40":

Hi Cheryl

Did you do the Freedom Of Information Request?

The FOS should publish details of all complaints upheld, albeit with names of complainants removed. Can you get links to any of these?
.

Fed Up Landlord

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19:01 PM, 25th March 2015, About 9 years ago

Cheryl you are in the minority. Prepared to put your hand in your pocket to fund an action. So did I. Ten people sent Justin Selig £500 when he was looking at a class action. This post may offend those standing on the sidelines and no doubt will feel vindicated by the "outcon" (and it's not misspelled") of the West Brom case. Mark and the legal team and the West Brom borrowers had a go. They lost-for now. At least they had a go. Paul Brindley's clients case was not straightfoward and involved insolvency. It's not something that can be replicated across the thousands of borrowers.

Black Panther

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22:30 PM, 25th March 2015, About 9 years ago

What about the case of 'The Millars' who took their case to the High Court in Ireland, against BOTH their Lending Bank AND the FOS - and they won - the details of the case published on-line.

This surely sets a precedent for other borrowers who have not had their cases upheld by the FOS? The High Court ordered the FOS to reverse their decision and uphold The Millars complaint against the Lending Bank.

In my opinion, the lawyers should be looking into THe Millars case.

Tricia Collick

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10:02 AM, 26th March 2015, About 9 years ago

Reply to the comment left by "Black Panther" at "21/03/2015 - 16:45":

Hi Black Panther,
just spoke to Carla at Cotswolds, she confirmed my package of correspondence copies had arrived OK, made sure they had my email address and said we'd likely hear from them next week.
Sounds a really nice lady, just looked at their website and she is the chief exec !!
Lets hope we can move forward.

Black Panther

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13:23 PM, 26th March 2015, About 9 years ago

Cotswolds has now received my initial 14 page letter to the FOS (NOv 2013) with 11 appendices, as well as my response to the FOS after they rejected my complaint about the BoI (Jan 2015) plus 9 appendices.

My MP has now written to the the Chief Ombudsman, Caroline Wayman, expressing his deep concern about their failure to look at the evidence presented by me.

I urge others to ask their MP's to complain to the Chief Ombudsman. It's only by mass action that things will change. What's the alternative - do nothing? and accept the bullying Banks?

Tricia Collick

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15:05 PM, 26th March 2015, About 9 years ago

Hi BP,
me again !
I asked my MP to sign the 'private members' or 'early day'' motion that was raised and he said their party policy was not to get involved in these...I threatened not to bother voting after more than 30 years...not sure it would make much difference but I was cross.......I probably will vote, but for other reasons !!

Lucy McKenna

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16:31 PM, 26th March 2015, About 9 years ago

Reply to the comment left by "Black Panther" at "25/03/2015 - 22:30":

Thanks for your posts Black Panther, I so agree with you. Also it is scandalous when you seem to have presented such a good case that you haven't received a positive result from the FOS. I like the sound of your MP.

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